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BackSince Bulgarians and Romanians have been granted full access to the EU labour market on 1st January 2014, the terms ‘social tourism’ and ‘poverty immigration’ have been on everybody’ lips. Based on the fundamental right of free movement of persons, the EU grants its citizens the option of living, working or studying anywhere in the European Union. The allegation that the right of free movement of persons would now encourage Bulgarians and Romanians to scrounge benefits in other countries, as claimed by some politicians, triggered a heated debate throughout the EU. However, there has not been any evidence for this so far. The scaremongering by Great Britain proved to be unfounded.
Free movement of EU citizens is integral part of the single market
More than 14 million EU citizens make use of the right of free movement of persons, which enshrines the provision that any discrimination on the grounds of nationality is prohibited. This concerns in particular access to employment, working conditions, social benefits and tax advantages, access to training and further education, membership of trade unions as well as access to housing and to education for the children of such employees. It has been proven that the main motivation of the so-called EU migrant workers is looking for work followed by family-related considerations. However, it is in particular the entitlement to social benefits, which is a thorn in the flesh of some Member States. But it is also a fact that according to EU law, safeguards apply with regard to EU citizens not in employment claiming social benefits for example. These shall prevent any disproportionate financial burden of the host Member State. The rules in respect of EU citizens not in employment, which are mainly at the centre of discussions on social tourism and poverty immigration, stipulate that according to EU law an EU host country is not obliged to grant social benefits to EU citizens who are not in employment during the first three months of their arrival. In practice, however, EU citizens not in employment do hardly have any entitlement to social benefits after the initial three months up to a period of five years, as they, prior of being granted the right of residence, have to prove to national authorities that they have sufficient funds of their own. It is therefore important that this debate is based on facts and that it clarifies the legal situation. However, if one follows the debate fuelled by the media, one can easily get the impression that some politicians cannot resist the temptation to use this debate to score political points or to distract from home-made national problems. Hence, the attempt of the EU Commission to diffuse the debate with factual arguments.
EU Commission presents guide to working abroad to create clarification
The EU Commission recently presented a guide to clarify among other the rights of EU citizens to freedom of movement and social benefits. This guide shall help Member States with applying the EU Regulation on the coordination of social security systems, when EU citizens live and work in another Member State for an extended period. The Commission’s guide stipulates that employees and self-employed persons are entitled to social security benefits of the country they work in. However, persons not in employment (e.g. pensioners, students) are entitled to benefits in the Member State where they have their habitual residence. In spite of the guide it is clear that any kind of abuse, whether abuse of the benefit system or tax fraud, to name but a few, has to be tackled. However, the responsibility of controlling abuse lies above all with the Member States; the best guide from Brussels will not achieve anything if they don’t pull their weight. In a Europe based on solidarity, politically charged subjects, such as the time and again repeated hysterical debate on alleged abuse of the benefit system and social tourism, have to be discussed objectively and based on facts. All data published so far seem to prove clearly that employees from other European Member States are “net payers”, which means in concrete terms that employees, who live and work in another European country than their country of origin, based on the tax and social security contributions they pay, in the end contribute more to the budgets of the host countries than they get in return.
EU Parliament resolution clearly in favour of free movement of persons
The EU Parliament used the discussion on the free movement of workers to adopt a resolution in which it expressly rejected the position of some leading politicians in the EU whose intention it is to restrict the free movement of EU citizens. Parliament also notes that prior to the European elections the free movement of EU citizens has become an election campaign issue for some political parties, and that there is the danger that this debate might lead to a rise in racism and xenophobia. In conclusion, the EU Parliament once again pointed out that migrant workers overall make a measureable positive contribution both to the economy and the budget of their respective host country.
Further information:
Guide on application of ‘Habitual Residence Test’ for social security
More than 14 million EU citizens make use of the right of free movement of persons, which enshrines the provision that any discrimination on the grounds of nationality is prohibited. This concerns in particular access to employment, working conditions, social benefits and tax advantages, access to training and further education, membership of trade unions as well as access to housing and to education for the children of such employees. It has been proven that the main motivation of the so-called EU migrant workers is looking for work followed by family-related considerations. However, it is in particular the entitlement to social benefits, which is a thorn in the flesh of some Member States. But it is also a fact that according to EU law, safeguards apply with regard to EU citizens not in employment claiming social benefits for example. These shall prevent any disproportionate financial burden of the host Member State. The rules in respect of EU citizens not in employment, which are mainly at the centre of discussions on social tourism and poverty immigration, stipulate that according to EU law an EU host country is not obliged to grant social benefits to EU citizens who are not in employment during the first three months of their arrival. In practice, however, EU citizens not in employment do hardly have any entitlement to social benefits after the initial three months up to a period of five years, as they, prior of being granted the right of residence, have to prove to national authorities that they have sufficient funds of their own. It is therefore important that this debate is based on facts and that it clarifies the legal situation. However, if one follows the debate fuelled by the media, one can easily get the impression that some politicians cannot resist the temptation to use this debate to score political points or to distract from home-made national problems. Hence, the attempt of the EU Commission to diffuse the debate with factual arguments.
EU Commission presents guide to working abroad to create clarification
The EU Commission recently presented a guide to clarify among other the rights of EU citizens to freedom of movement and social benefits. This guide shall help Member States with applying the EU Regulation on the coordination of social security systems, when EU citizens live and work in another Member State for an extended period. The Commission’s guide stipulates that employees and self-employed persons are entitled to social security benefits of the country they work in. However, persons not in employment (e.g. pensioners, students) are entitled to benefits in the Member State where they have their habitual residence. In spite of the guide it is clear that any kind of abuse, whether abuse of the benefit system or tax fraud, to name but a few, has to be tackled. However, the responsibility of controlling abuse lies above all with the Member States; the best guide from Brussels will not achieve anything if they don’t pull their weight. In a Europe based on solidarity, politically charged subjects, such as the time and again repeated hysterical debate on alleged abuse of the benefit system and social tourism, have to be discussed objectively and based on facts. All data published so far seem to prove clearly that employees from other European Member States are “net payers”, which means in concrete terms that employees, who live and work in another European country than their country of origin, based on the tax and social security contributions they pay, in the end contribute more to the budgets of the host countries than they get in return.
EU Parliament resolution clearly in favour of free movement of persons
The EU Parliament used the discussion on the free movement of workers to adopt a resolution in which it expressly rejected the position of some leading politicians in the EU whose intention it is to restrict the free movement of EU citizens. Parliament also notes that prior to the European elections the free movement of EU citizens has become an election campaign issue for some political parties, and that there is the danger that this debate might lead to a rise in racism and xenophobia. In conclusion, the EU Parliament once again pointed out that migrant workers overall make a measureable positive contribution both to the economy and the budget of their respective host country.
Further information:
Guide on application of ‘Habitual Residence Test’ for social security